United States v. Javier Ramirez-Pacheco

FILED NOT FOR PUBLICATION OCT 6 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10629 Plaintiff - Appellee, D.C. No. 2:13-cr-00876-DGC v. MEMORANDUM* JAVIER RAMIREZ-PACHECO, a.k.a. Javier Pacheco Ramirez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Mark W. Bennett, District Judge, Presiding** Submitted September 23, 2014*** Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges. Javier Ramirez-Pacheco appeals from the district court’s judgment and challenges his guilty-plea conviction and 46-month sentence for reentry of a * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ramirez-Pacheco’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Ramirez-Pacheco the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Ramirez-Pacheco has waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 13-10629